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Louisiana Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: My family is needing a succession to clear up some property in Louisiana. It is 9 involved. What's the process
James Scott Ruel
James Scott Ruel
answered on Jun 17, 2022

Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: I recently received property from an act of donation

Is the property fully mine now or does the person who donated still have any legal rights?

I looked at the clerk of courts office page online and it’s listed as the person being the vender and me the vendee? So does that mean it’s not mine and the person still legally owns the place?... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2022

One would need to review the donation document to better answer, however assuming that the donation was properly prepared and executed and that donor owned 100% of the property and transferred (donated) 100% of his interest, then yes, it would be fully yours. I am not sure what you mean by deed,... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: If the property owner dies without owing property taxes,heirs aren't notified of future delinquencies, city sell propert

Property sold at the ax lien sale, can anything be done about this?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 20, 2022

There should be a Redemption period, but it may have already run. Contact a LA attorney today with the exact facts to see if the Heirs can get the property back.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: A property has a gravel road labeled as servitude of passage. Who is the dominant? What if the dominant won’t allow me
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 19, 2022

Dominant Estate is the property getting the benefit of passage, access, etc. Servient Estate is the property with the road/path over it. You may need to hire a LA attorney for Easement problems.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Say we've been living here 43 Years my self since I been born my mother was born here

So my question is canI apply for adverse possession

Jacob Rennick
Jacob Rennick
answered on Apr 29, 2022

Several factors go into obtaining title via adverse possession. Certainly you are over the time period required by Louisiana Law, but if the actual owner has given you permission to live there, you will not likely prevail. You should speak to an experienced real estate attorney that can evaluate... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How to obtain ownership of property that was sold to a third party?

My mother and her sister have a real estate agreement where earnest money was put down and a payment plan was to be completed to transfer ownership of the property. Her sister stopped all communication and did not take the last payment and sold the property to someone else after my mother made... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

Double-post. This is too complicated to respond to on this type forum--also, additional information is needed to properly respond. You need to immediately contact a lawyer in your area and bring the paperwork/agreement to a meeting with the lawyer and specifically discuss your situation and obtain... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How to obtain ownership of property that was sold to a third party?

My mother and her sister have a real estate agreement where earnest money was put down and a payment plan was to be completed to transfer ownership of the property. Her sister stopped all communication and did not take the last payment and sold the property to someone else after my mother made... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

This is too complicated to respond to on this type forum--also, additional information is needed to properly respond. You need to immediately contact a lawyer in your area and bring the paperwork/agreement to a meeting with the lawyer and specifically discuss your situation and obtain your... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My mother had a acre of land… she passed… now it went to me can I put a mobile home on it

Grandma had 10 kids.. each received a acre of land.. my mother passed… now it went to me and my brother…. Can I put a mobile home on my part… land was surveyed few years ago

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 23, 2022

If the zoning and land restrictions/use for the property allows you to do so, then yes you can.

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Can I gift my mortgaged house to my daughter now, (pre death), to avoid probate or other issues after my death?

I am currently making a will/trust who names my daughter as beneficiary of my property, however, I am unclear about a mortgaged property and how it is handled.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 21, 2022

There are potential income and tax consequences depending on when you make the transfer and how you accomplish this----as such, I recommend that you at a minimum, seek a consultation with an estate planning attorney to discuss your objectives and how to accomplish them---and if, after meeting with... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: I need to file a motion for new trial in orleans parish civil court

I need representation to file the motion for new trial. Judge says I cannot represent my business.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Don't know what the question is.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My husband died in 2012 left land and a house am i entitled to it. the location is in Ga.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 8, 2022

If it was purchased during the marriage, you own 1/2. Contact a successions lawyer.

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Louisiana on
Q: I have a commuting property with my ex wife going on three years now. She was awarded the home as I had a TRO she filed.

She has since given it to squatters and taken it off the market. We were supposed to have an escrow account made for when it sold. Because of my TRO I have not been there and the realtor says it’s in such bad shape all the time she can’t even show it. How can I prove she abandoned the home and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 31, 2022

Get the realtor to write a letter that she can't show it and get a friend to drive by and take pictures.

1 Answer | Asked in Federal Crimes, Consumer Law and Real Estate Law for Louisiana on
Q: Can You name institutions or addresses in Louisiana or internet for expropriation in Chicago?

Dear Ladies and Gentlemen,

my girlfriend living in Louisiana inherits a piece of land in Chicago that the city or state of Illinois wants to expropriate to build a school on.

As I understand it, the court is asking my girlfriend to receive $36,000 as compensation for the inheritance... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 17, 2022

You will eventually need an attorney in Chicago if this matter goes to litigation but you may also want a Louisiana atty to assist you with this---use the Justia FIND A LAWYER tab and search for Chicago and Louisiana expropriation attorneys--contact/consult with a few of them ad then hire the one... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My stepmother is trying to buy me out but she hast to refinance the house to get the money and asked me to sign a paper

She asked me to sign paperwork relinquishing my rates what do I do

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 15, 2022

DO NOT SIGN!!! Hire a lawyer to review all documents. She is trying to take your inheritance.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Does the right of Habitation have to be filed in court?

The House belongs to my wife's

Mother. The son has power of attorney. Have lived in home 15 years and my wife died a month ago.

Her brother issued a 30 day eviction notice to me. We had been married 32 years. Brother wants to sell house.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 11, 2022

You need to immediately contact a succession lawyer in your area to see what options/rights you have ----use the Justia Find a Lawyer tab and search for succession lawyers in your area. Good luck.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Louisiana on
Q: What justifies needing a new foundation after a hurricane in Louisiana! The house is on piers and had an 2 inspections

Insurance company fighting to not pay when foundation is compromised

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2022

A Louisiana attorney could advise best, but your question remains open for three weeks. The dispute you describe sounds like it met an impasse between your assertion for a new foundation and the insurance carrier's position. One option may be to reach out to Louisiana attorneys to determine... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: Hi is there a statue of time that a request for rental reimbursement in a community property case be filed in court?

I have community property case, my then attorney filed for rental reimbursement in the descriptive list but not in the petition. is there a statute time limit that it should have been requested?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 5, 2022

No statute of limitation. But it is prospective, not retroactive to date of filing for divorce.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Louisiana on
Q: My mother's home in Louisiana may have squaters. What is her right's to get rid of them?

My father passed away this year and my mother is living with my sister for care as she has alzheimer's. One of my brothers is being allowed to live in the house because he would probably be homeless as my father was supporting him. We received a two from a neighbor that he may have several... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 15, 2021

You need N attorney to interdict your mother. Then you can evict the squatters

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I inherited a home 20 years ago and just found out about it. A relative has lived there. Am I responsible for liens?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 6, 2021

More information is needed to respond to your question including the nature of the liens, when the liens were recorded, against whom the liens were recorded. Since your post implies probate or a succession has not occurred to transfer something which could have been transferred 20 years ago, I... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Health Care Law for Louisiana on
Q: Must I abide to details of a listing agreement?

I was ordered to sign a listing agreement for the partition of co-owned property. I signed the agreement but it has been one month and I have not shown the house due to COVID concerns. I just received a Motion for Contempt. I don’t know if that puts me in contempt since the order only stated I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 30, 2021

You need to agree to requested showings. The CDC concluded that surface transmission was low. Get vaccinated. You can require that anyone looking at the house wear a mask and stay outside yourself until the showing is over. If not, you can be held in contempt.

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